Amendment ASA1-AB40

AB40-ASA1,1278,4 (b) The department shall prepare a plan for the structure, implementation, and operation of the office, the purpose of which is to conduct fraud prevention, program integrity, and audit activities for all programs administered by the department, including the Bureau of Milwaukee Child Welfare. In staffing the office, existing positions in the department with the primary responsibility of fraud prevention, program integrity, or audit activities must be assigned to the office. In preparing the plan, the department shall consult with the department of health services regarding the best practices for creating and implementing the office, including how the department could structure the office to ensure that the program integrity positions are involved in and updated on program changes. The plan must include all of the following:

AB40-ASA1,1278,7 1. Details, including before and after organization charts, on how the department will reorganize and consolidate positions and funding to create the office.

AB40-ASA1,1278,10 2. A listing of the department's current positions that would be included in the office, along with the funding amount, funding source, and department program associated with each position.

AB40-ASA1,1278,12 3. Details on how the office will interact with program staff to report, investigate, respond to, and prevent fraud in the department's programs.

AB40-ASA1,1278,13 4. A timeline of when the changes would be implemented.

AB40-ASA1,1278,14 5. New appropriations that would fund only the costs associated with the office.

AB40-ASA1,1278,25 (c) No later than January 1, 2014, the department shall submit the plan under paragraph (b) to the joint committee on finance and request funding from the committee's general purpose revenue funds general program supplementation appropriation. If the cochairpersons of the committee do not notify the department within 14 working days after the date that the department submits the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the department shall receive the requested funding. If, within 14 working days after the date that the department submits the plan, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented, and funding will be received, only upon approval of the committee.

AB40-ASA1,1279,16 (1q) Concerns of 5-star child care providers. By September 30, 2013, the department of children and families shall convene a meeting of all child care providers who have received a 5-star rating, as described in the quality rating plan, as defined in section 49.155 (6) (e) 1. of the statutes, and who receive payment under section 49.155 of the statutes for providing care for more than 50 children. At that meeting, the department of children and families shall hear the concerns of those child care providers about the child care quality rating system under section 48.659 of the statutes, the payment rates for child care services provided under section 49.155 of the statutes, and any other issues that are of concern to those child care providers. Following the meeting, the department of children and families shall summarize those concerns and make recommendations to address those concerns and, by January 31, 2014, shall submit a report of those concerns and recommendations to the joint committee on finance. If the joint committee on finance requests or requires the department of children and families to provide a quarterly report on the status of the quality rating plan, that department may include the report under this subsection in the quarterly report for the 4th quarter of 2013.

AB40-ASA1,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB40-ASA1,9108 Section 9108. Nonstatutory provisions; Corrections.

AB40-ASA1,1279,19 (1L) Pilot program for prisoners; prerelease.

AB40-ASA1,1279,20 (a) In this subsection:

AB40-ASA1,1279,21 1. "Department" means the department of corrections.

AB40-ASA1,1279,23 2. "Pilot period" means the period beginning on the date on which the program is established and ending 2 years after that date.

AB40-ASA1,1279,24 3. "Program" means the program established under paragraph (b).

AB40-ASA1,1280,3 (b) From the appropriation under section 20.410 (1) (ki) of the statutes, the department shall establish a program in 2 correctional institutions for the pilot period. The program shall:

AB40-ASA1,1280,7 1. Require the department to enter into a contract for the services of Freedom Life Skills, Inc., a private, nonprofit organization that teaches life skills and character development to inmates who will be released to parole or to extended supervision.

AB40-ASA1,1280,10 2. Provide a total of 96 inmates with no fewer than 30 prerelease participation sessions and 78 weeks of postrelease accountability and support sessions that are led by a person trained by Freedom Life Skills, Inc., or Life Skills International.

AB40-ASA1,1280,12 3. Follow a curriculum established by Freedom Life Skills, Inc., or Life Skills International.

AB40-ASA1,1280,18 (c) At the end of the pilot period, the department shall prepare a report for submission to the joint committee on finance and the appropriate standing committees of the legislature under section 13.172 (3) of the statutes. The report shall include an evaluation of the effectiveness of the program on reducing disciplinary actions against participants and recidivism rates among persons who are released to extended supervision or to parole after participating in the program.

AB40-ASA1,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB40-ASA1,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB40-ASA1,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.

AB40-ASA1,9112 Section 9112. Nonstatutory provisions; Employee Trust Funds.

AB40-ASA1,1280,23 (1) Position authorizations for the department of employee trust funds.

AB40-ASA1,1281,15 (a) Before July 1, 2019, the secretary of employee trust funds may request the governor to create or abolish a full-time equivalent position or portion thereof that is funded from revenues deposited in the public employee trust fund if the employee holding the position would perform duties relating to modernizing business processes or integrating information technology systems of the department of employee trust funds. Upon receiving such a request, the governor may approve or modify the request. If the governor proposes to approve or modify the request, the governor shall notify the joint committee on finance in writing of his or her proposed action. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made as proposed by the governor. If the cochairpersons notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made only upon approval of the committee.

AB40-ASA1,1281,19 (b) If a full-time equivalent position or portion thereof is created under paragraph (a), the appropriation that is used to pay salary and fringe benefit costs for the position is supplemented to cover the salary and fringe benefit costs for the position.

AB40-ASA1,1281,25 (2) Surcharge for health insurance for use of tobacco products. During 2014 and 2015, the group insurance board, under section 40.03 (6) (cm) of the statutes, as created by this act, shall impose a premium surcharge of $50 a month for health care coverage under sections 40.51 (6) and 40.515 of the statutes, as affected by this act, for eligible employees, as defined in section 40.02 (25) of the statutes, who use tobacco products.

AB40-ASA1,1282,10 (3L) Promulgation of emergency rules for reestablished accounts. The secretary of employee trust funds may use the procedure under section 227.24 of the statutes to promulgate rules under section 40.26 of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the secretary is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1,1282,11 (3q) Study of options relating to state employee health insurance coverage.

AB40-ASA1,1282,13 (a) The secretary of employee trust funds and the director of the office of state employment relations shall study the feasibility of all of the following:

AB40-ASA1,1282,16 1. Excluding from health care coverage under subchapter IV of chapter 40 of the statutes the spouses and domestic partners of state employees who are eligible to receive health care coverage through their own employers.

AB40-ASA1,1282,19 2. Offering a $2,000 annual incentive payment to any state employee who, though eligible to receive health care coverage under subchapter IV of chapter 40 of the statutes, elects not to receive that coverage.

AB40-ASA1,1282,22 (b) The secretary of employee trust funds and the director of the office of state employment relations shall design a plan for implementing the items under paragraph (a) and shall contract for an actuarial study of the plan.

AB40-ASA1,1283,2 (c) No later than June 30, 2014, the secretary of employee trust funds and the director of the office of state employment relations shall report their findings, the results of the actuarial study, and their recommendations to the governor and the joint committee on finance.

AB40-ASA1,1283,4 (4L) Design of state employee high-deductible health plan and health savings accounts.

AB40-ASA1,1283,12 (a) Before the group insurance board offers state employees the option of receiving health care coverage through a program that consists of a high-deductible health plan and the establishment of a health savings account under section 40.515 of the statutes, as created by this act, the group insurance board and the director of the office of state employment relations shall design a proposed program that specifies key actuarial parameters of the program, including proposed required deductible amounts, out-of-pocket maximum limits, premium rates, employer contributions to health savings accounts, and any other relevant factors.

AB40-ASA1,1283,18 (b) The group insurance board shall submit the proposed program for an actuarial analysis under section 40.03 (5) (a) of the statutes to determine the fiscal effect of the proposed program on state employee health care costs. If the actuary determines that short-term or long-term state employee health care costs will increase under the proposed program, the actuary shall make recommendations to make the program more cost-effective.

AB40-ASA1,1283,22 (c) The group insurance board and the director of the office of state employment relations shall consider the actuary's recommendations, if any, in designing a program that consists of a high-deductible health plan and the establishment of a health savings account under section 40.515 of the statutes, as created by this act.

AB40-ASA1,1284,5 (4m) Study of health savings accounts and health reimbursement accounts. The secretary of employee trust funds and the director of the office of state employment relations shall study the feasibility and cost-effectiveness of providing health reimbursement accounts instead of health savings accounts to state employees under section 40.515 of the statutes, as created by this act. No later than January 31, 2014, the secretary of employee trust funds and the director of the office of state employment relations shall report their findings and recommendations to the governor and the joint committee on finance.

AB40-ASA1,9113 Section 9113. Nonstatutory provisions; Employment Relations Commission.

AB40-ASA1,9114 Section 9114. Nonstatutory provisions; Financial Institutions.

AB40-ASA1,1284,16 (1) Notice in dissolution and revocation proceedings. In addition to posting the notices described in sections 180.1421 (2m) (b), 180.1531 (2m) (b), 181.1421 (2) (b), 181.1531 (2g) (b), 183.09025 (2) (d), and 183.1021 (2g) (b) of the statutes, as affected by this act, the department of financial institutions shall, for 6 months after the effective date of this subsection, publish a monthly class 1 notice under chapter 985 of the statutes in the official state newspaper informing the public that notices described in sections 180.1421 (2m) (b), 180.1531 (2m) (b), 181.1421 (2) (b), 181.1531 (2g) (b), 183.09025 (2) (d), and 183.1021 (2g) (b) of the statutes, as affected by this act, are posted on the department's Internet site.

AB40-ASA1,9115 Section 9115. Nonstatutory provisions; Government Accountability Board.

AB40-ASA1,1285,5 (1d) Government accountability board audit. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a performance evaluation audit of the government accountability board, which shall include an evaluation of the board's election day processes and practices; a review of complaints that the board receives concerning voting irregularities and an assessment of the board's procedures for investigating and resolving the complaints; a complete review of the statewide voter registration system, including system processes and the accuracy of the data included in the system; and a review of the instruction and training the board provides to local election officials. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes.

AB40-ASA1,9116 Section 9116. Nonstatutory provisions; Governor.

AB40-ASA1,9117 Section 9117. Nonstatutory provisions; Health and Educational Facilities Authority.

AB40-ASA1,9118 Section 9118. Nonstatutory provisions; Health Services.

AB40-ASA1,1285,10 (1e) Supplemental appropriations for Sheboygan tuberculosis response funding.

AB40-ASA1,1285,14 (a) Of the moneys appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes for the 2013-15 fiscal biennium, $2,508,900 in fiscal year 2013-14 and $2,159,000 in fiscal year 2014-15 are allocated for supplementations under paragraphs (b) and (c).

AB40-ASA1,1286,12 (b) At any time during fiscal year 2013-14, the department of health services may submit one or more requests to the joint committee on finance to supplement the appropriations under section 20.435 (1) (a) and (e) and (4) (b) of the statutes for fiscal year 2013-14 from the appropriation under section 20.865 (4) (a) of the statutes for the purpose of funding state and local costs to respond to a tuberculosis incident in Sheboygan County. The department of health services shall include in any request submitted under this paragraph a proposal for allocating the requested funds among the appropriations under section 20.435 (1) (a) and (e) and (4) (b) of the statutes. The department of health services may not submit requests under this paragraph for supplementations totaling more than $2,508,900 in general purpose revenue for fiscal year 2013-14. If the cochairpersons of the committee do not notify the department of health services within 14 working days after the date a request is submitted that the committee has scheduled a meeting for the purpose of reviewing the request, notwithstanding section 13.101 (1) and (3) of the statutes, the supplementation shall be made as proposed in the request. If, within 14 working days after the date the request is submitted, the cochairpersons of the committee notify the department of health services that the committee has scheduled a meeting for the purpose of reviewing the request, the supplementation may be made only upon approval of the committee, in an amount specified by the committee. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making a supplementation under this paragraph.

AB40-ASA1,1287,2 (c) At any time during the 2013-15 fiscal biennium, the department of health services may submit one or more requests to the joint committee on finance under section 13.10 of the statutes to supplement the appropriations under section 20.435 (1) (a) and (e) and (4) (b) of the statutes for fiscal year 2014-15 from the appropriation account under section 20.865 (4) (a) of the statutes for the purpose of funding state and local costs to respond to a tuberculosis incident in Sheboygan County. The department of health services shall include in any request submitted under this paragraph a proposal for allocating the requested funds among the appropriations under section 20.435 (1) (a) and (e) and (4) (b) of the statutes. The department of health services may not submit requests under this paragraph for supplementations totaling more than $2,159,000 in general purpose revenue for fiscal year 2014-15. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making a supplementation under this paragraph.

AB40-ASA1,1287,11 (d) The department of health services may provide funding to Sheboygan County from supplementations under paragraph (b) or (c) for the purpose of reimbursing Sheboygan County for costs incurred by the county responding to a tuberculosis incident in the county, including costs for drug treatment. Before requesting any funding provided under this paragraph, the county shall submit to the department of health services documentation for its actual costs for which it seeks reimbursement. The department of health services may not provide any funding under this paragraph in the absence of documentation by the county as provided in this paragraph.

AB40-ASA1,1287,21 (2c) Supplement to Older Americans Act funding. From the appropriation account under section 20.435 (7) (dh) of the statutes, the department of health services shall pay moneys to counties and American Indian tribes that have reductions in the amount of federal moneys received from grants under title III of the Older Americans Act in calendar year 2013 as compared to the amount received in calendar year 2012. In the 2013-14 fiscal year, the department of health services shall pay to each county and tribe that had a reduction an amount equal to one-half of the amount the federal moneys are reduced between calendar years 2012 and 2013 to be used for the same purposes as federal moneys provided under title III of the Older Americans Act.

AB40-ASA1,1287,23 (3q) Community-based long-term care expansion. Before December 14, 2013, the department of health services shall do all of the following:

AB40-ASA1,1287,25 (a) Develop a comprehensive projection of the expected future change in the need for publicly funded community-based long-term care.

AB40-ASA1,1288,1 (b) Include all of the following in the projection described in paragraph (a):

AB40-ASA1,1288,2 1. The projected future growth trends in populations likely to access services.

AB40-ASA1,1288,4 2. The potential or projected shifts in the use of alternatives that are allowed under the federal Medicaid program for the populations identified in subdivision 1.

AB40-ASA1,1288,7 3. The comparative cost efficiency of service options allowed under the federal Medicaid program to meet the needs of the populations identified under subdivision 1.

AB40-ASA1,1288,9 4. Strategies to control the growth in long-term care costs in the Medical Assistance program.

AB40-ASA1,1288,11 5. Strategies to promote keeping individuals in their own homes to reduce or delay entry into publicly funded long-term care programs.

AB40-ASA1,1288,13 (c) Submit a report summarizing the results of the projection described under paragraphs (a) and (b) to the joint committee on finance.

AB40-ASA1,1288,14 (4c) Disproportionate share hospital payments.

AB40-ASA1,1288,21 (a) Subject to paragraph (c) and notwithstanding section 49.45 (3) (e) of the statutes, from the appropriation accounts in section 20.435 (4) (b) and (o) of the statutes, the department of health services shall pay to hospitals that serve a disproportionate share of low-income patients a total of $36,792,000 in fiscal year 2013-14 and $36,728,700 in fiscal year 2014-15. The department of health services may make a payment to a hospital under this subsection under the calculation method described in paragraph (b) if the hospital meets all of the following criteria:

AB40-ASA1,1288,22 1. The hospital is located in this state.

AB40-ASA1,1288,24 2. The hospital provides a wide array of services, including services provided through an emergency department.

AB40-ASA1,1289,3 3. The inpatient days for Medical Assistance recipients at the hospital was at least 6 percent of the total inpatient days at that hospital during the most recent year for which such information is available.

AB40-ASA1,1289,6 4. The hospital meets applicable, minimum requirements to be a disproportionate share hospital under 42 USC 1396r-4 and any other applicable federal law.

AB40-ASA1,1289,8 (b) The department of health services shall comply with all of the following when making payments to hospitals described in paragraph (a):

AB40-ASA1,1289,11 1. The department of health services shall distribute the total amount of moneys described under paragraph (a) to be paid to hospitals with a disproportionate share of low-income patients by doing all of the following:

AB40-ASA1,1289,14 a. Dividing the number of Medical Assistance recipient inpatient days at a hospital by the number of total inpatient days at the hospital to obtain the percentage of Medical Assistance recipient inpatient days at that hospital.

AB40-ASA1,1289,17 b. Subject to subdivisions 2. and 3., providing an increase to the inpatient fee-for-service base rate for each hospital that qualifies for a disproportionate share hospital payment under this subsection.

AB40-ASA1,1289,21 c. Subject to subdivisions 2. and 3., providing an additional increase to the increase under subdivision 1. b. using a slope factor of 0.75 such that a hospital's overall fee-for-service add-on percentage under this subsection increases as the hospital's percentage of Medical Assistance recipient inpatient days increases.

AB40-ASA1,1289,24 2. The department of health services shall set the addition to the base rate at a level that ensures the total amount of moneys available to pay hospitals with a disproportionate share of low-income patients is distributed in each fiscal year.

AB40-ASA1,1290,3 3. The department of health services shall limit the maximum payment to hospitals such that no single hospital receives more than $2,500,000 in disproportionate share hospital payments under this subsection in a fiscal year.

AB40-ASA1,1290,24 (c) The department of health services shall seek any necessary approval from the federal department of health and human services to implement the hospital payment methodology described under paragraphs (a) and (b). If approval is necessary and approval from the federal department of health and human services is received, the department of health services shall implement the payment methodology described under paragraphs (a) and (b). If approval is necessary and the department of health services and the federal department of health and human services negotiate a methodology for making payments to hospitals with a disproportionate share of low-income patients that is different from the methodology described under paragraphs (a) and (b), the department of health services, before implementing the negotiated payment methodology, shall submit to the joint committee on finance the negotiated payment methodology. If the cochairpersons of the committee do not notify the department of health services within 14 working days after the date of the submittal by the department of health services that the committee has scheduled a meeting for the purpose of reviewing the negotiated payment methodology, the department of health services may implement the negotiated payment methodology. If, within 14 working days after the date of the submittal by the department of health services, the cochairpersons of the committee notify the department of health services that the committee has scheduled a meeting for the purpose of reviewing the negotiated payment methodology, the negotiated payment methodology may be implemented only on approval of the committee.

AB40-ASA1,1290,25 (5e) Funding of Family Care enrollees admitted to mental health institutes.

AB40-ASA1,1291,1 (a) In this subsection:

AB40-ASA1,1291,2 1. "Department" means the department of health services.

AB40-ASA1,1291,4 2. "Family Care program" means the benefit program under section 46.286 of the statutes.

AB40-ASA1,1291,6 3. "Mental health institute" has the meaning given in section 51.01 (12) of the statutes.

AB40-ASA1,1291,10 (b) Before September 1, 2013, the department shall submit to the joint committee on finance a report that identifies issues relating to cost liability for counties with residents who were formerly enrolled in the Family Care program and who are admitted to a mental health institute.

AB40-ASA1,1291,20 (c) After submitting the report under paragraph (b) and during the 2013-15 fiscal biennium, the department shall submit one or more requests to the joint committee on finance under section 13.10 of the statutes to supplement the appropriation under section 20.435 (2) (bj) of the statutes from the appropriation under section 20.865 (4) (a) of the statutes for the purpose of paying a portion of the additional costs counties incur to support services provided by the mental health institutes to certain enrollees in the Family Care program. If the joint committee on finance releases the moneys, the department may reimburse the county for all of the following for a stay of an enrollee of the Family Care program at a mental health institute subject to paragraph (d):

AB40-ASA1,1291,23 1. For any portion of a stay longer than 30 days but not longer than 60 days at a mental health institute, 50 percent of the state share of the cost of care incurred by the county for that portion of the stay.

AB40-ASA1,1292,3 2. For any portion of a stay longer than 60 days but not longer than 90 days, 75 percent of the state share of the cost of care incurred by the county for that portion of the stay.

AB40-ASA1,1292,5 3. For any portion of a stay longer than 90 days, all of the state share of the cost of care incurred by the county for that portion of the stay.

AB40-ASA1,1292,14 (d) The department may provide reimbursement to counties for Family Care program enrollees admitted to mental health institutes on or after the effective date of this paragraph and, if the Family Care program enrollee is still at the mental health institute on the effective date of this paragraph, before the effective date of this paragraph. For a Family Care program enrollee admitted to a mental health institute before the effective date of this paragraph, the department shall base the reimbursement on the Family Care program enrollee's total length of stay since admission to the mental health institute using the calculations under paragraph (c) 1. to 3.

AB40-ASA1,1292,17 (e) The financial liability of the state to pay reimbursements for services at a mental health institute for Family Care program enrollees under this subsection is limited to services provided at a mental health institute before July 1, 2015.